Former mayor seeks return to his old office
By Carolyn Reid
FALMOUTH — Impeached mayor Sebastian Ernst arrived in court March 6 in order to file an appeal that would, if granted, possibly allow him to be reinstated to Falmouth as the mayor.
No decision was rendered during that time.
Circuit Judge Jay Delaney heard the case.
Ernst, represented by Drake Law, had filed to have his Jan. 2 impeachment overturned.
Luke Morgan, representing the city council, along with City Attorney Brandon Voelker, who represents the city interests directly, maintained the appeal should be dismissed due to an error in filing.
The motion was filed as Sebastian Ernst vs. City of Falmouth. Morgan and Voelker argued the case should have been filed against the city council only because the city is not involved directly.
He also argued that once the correction is made, the statute of limitations has run out on the case, rendering a correction impossible, and he cited case law to support his case that the error is an irreversible error.
Drake countered Morgan’s argument that the filing language was accurate because the council represents the city, and Morgan argued no mention was made of council.
He further stated if the party is allowed to amend, the change would be substantive, bringing new parties into the lawsuit after the statute of limitations has run out.
After a short presentation of the case for each side, Delaney told both parties he would submit a decision in writing. That decision is to be rendered within approximately 30 to 60 days.
Ernst did not attend the Jan. 2 impeachment hearing — his wife gave birth earlier in the day — nor did he send an attorney to represent him. Ernst did submit a thick packet of information in his defense.
Ernst was accused of “misconduct and/or willful neglect in the performance of the duties of his office,” which he refutes.
Circuit Court Judge Robert McGinnis presided over the hearing.